Legal Question in Employment Law in Oregon
Unpaid Commissions Due
I was employed until this morning as a Loan Officer for a Portland mortgage broker firm. I had a loan that closed and funded earlier this month. My employer refused to pay me the commissions due me. I have a written contract with him stating that he agreed to pay me at the rate of 65% of net. He stated his reason for firing me was that my daughter quit and he has to pay her unemployment! He refused to pay her the money they had agreed upon also. He has not paid me at the rate of 65% of net on any (but three) of my closings. Can I sue for the commissions due and are there penalties for him? He has never changed our contract that we have in writing. He owes me just slightly over $5,000.00.
1 Answer from Attorneys
Re: Unpaid Commissions Due
Your entitlement to be paid for commissions depends on when you become entitled to payment, which in turn depends on the nature of your contract with the employer. If the contract specifies when you are entitled to payment, it controls. If the contract says you are not entitled to commissions after termination, it probably controls (though there might be exceptions). If you have no specific written or oral contract, the employer's existing policies apply, which may be in writing or may be established by past practice. You also may have a claim based on the value of your services in certain circumstances. If you were entitled to be paid commissions at the time of your termination, you may become entitled to penalties, which can be as much as your daily rate of pay multiplied by 30. Certain prerequisites apply regarding the penalty.
The fact you were fired because your daughter exercised her right to claim unemployment benefits may give rise to a claim relating to the legality of your termination, although such a claim would require more analysis.
Craig A. Crispin
Crispin & Associates, Employment Lawyers
280 Plaza West, 9600 SW Oak Street
Portland, Oregon 97223-6585
Direct: 503.293.5759
Fax: 503.293.5766
The above does not constitute legal opinion and is offered for the
purposes of discussion only. The law differs in every jurisdiction, and
you should not rely on any opinion except that of an attorney you have
retained, who has a professional duty to advise you after being fully
informed of all the pertinent facts and who is familiar with the
applicable law.